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district judge before whom said cause was tried, certifying to the services rendered by such assistant or assistants.

SEC. 21. [Appointment by court.]-In the absence, sickness or disability of the county attorney and his deputies, the court before whom it is his duty to appear, in which there may be business for him, may appoint an attorney to act as county attorney, by an order to be entered upon the minutes of the court, but who shall receive no compensation from the county except as provided for in section six (6) of this act. [Sec. 20 this chapter.]

SEC. 22. [Shall not receive fee or reward.]-No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual, for services in any prosecution or business to which it shall be his official duty to attend; nor be concerned as an attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced or prosecuted, shall depend.

SEC. 23. [Receipts for money.]-It shall be the duty of the county attorney, whenever he shall receive any money in his official capacity, to give to the person paying the same duplicate receipts, one of which shall be filed by such person with the county clerk.

SEC. 24. [Duties before grand jury.]—Whenever the county attorney is required by the grand jury of any court sitting in his county, it shall be the duty of said county attorney to attend them for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas and other writs of process; to bring in witnesses, and to draw up bills of indictment, but he shall not be present with the grand jury when an indictment is being considered and found by said grand jury.

SEC. 25. [Vacancy.]-In case of vacancy in the office of county attorney by death, resignation or otherwise, the county board shall appoint a county attorney, who shall give bond, and take the same oath and perform the same duties as the regular county attorney; and shall hold said office until his successor shall be elected and qualified.

SEC. 26. [Construction of statutes.]-That whenever the term district attorney or prosecuting attorney appears in the laws of Nebraska, it shall hereafter mean county attorneys, and all laws now in force regulating the duties of district attorneys in criminal matters and proceedings shall apply to county attorneys herein provided for.

SEC. 27. [District attorneys.]-The respective district prosecuting attorneys shall hold their respective offices until the expiration of their present term as now provided by law, and the said county attorneys are elected and qualified as provided for in section 1 of this act.

SEC. 28. [Repealed sections 15-21, chap 7 Comp. Stat. 1881.]

CHAPTER 8.-BANKS.

SECTION 1. [Report to auditor.]-Every bank, banking company, savings bank, and every corporation, firm or individual, engaged in banking or in carrying on the business of receiving money on deposit, buying and selling exchange, gold, silver, coin, bullion, uncurrent money, bonds of the United States, bonds of the state of Nebraska, and of the cities, counties, and school districts of said state; and every person, firm and corporation engaged in a general brokerage, loaning, or money deposit business, doing business in the state of Nebraska, shall annually, in the month of December, make report under oath to the auditor of public ac counts of the state, of their condition, resources and liabilities. [1877 § 1, 204.]

SEC. 2. [Same-Contents.]-Every such report, verified by the oath of the president, cashier, partner, member, stockholder, or business manager of the bank, corporation, firm or individual doing business as aforesaid, shall contain a brief

SECS. 1-3. "An act to require banks and banking institutions to make an annual report of their resources and liabilitier to the auditor of public accounts." Laws 1877, 204. Took effect June 1, 1877.

statement of its actual financial condition at the date of such report, the amount and kind of its property, and the nature and extent of its debts and liabilities; and said report shall be filed in the office of the auditor of public accounts on or before the last day of December of each year, and recorded by said auditor in a book provided for that purpose. [Id. § 2.]

SEC. 3. [False report-Penalty.]-Every bank, corporation, firm or individual, who shall fail or neglect to make the report required by this act, or who shall wilfully make a false report, shall forfeit to the state the sum of five hundred dollars, to be recovered in a civil action. [Id. § 3.]

SEC. 4. [Actions to recover public money loaned.]—That in all cases in which public moneys, or other funds belonging to the state, or to any county, school district, city or municipality thereof, have been deposited or loaned to any person or persons, corporations, bank, co-partnership, or other firm or association of persons, it shall be lawful for the officer or officers making such deposit or loan, or his or their successors in office, to maintain an action or actions for the recovery of such moneys deposited or loaned, and all contracts for the security or payment of any such moneys or public funds made shall be held to be good and lawful contracts, binding on all parties thereto: Provided, Nothing herein contained shall be construed to in any manner affect the liability of any surety or signers of any official bond heretofore or hereafter given or made in this state. 1879 § 1, 156.]

SEC. 5. [Same-Pending actions.]-All actions heretofore brought by any public officer, either in his own name or officially, for the recovery of any public moneys heretofore loaned or deposited shall be sustained, and all remedies allowed in other cases, by attachment or otherwise, shall be admissible and allowed in such actions as in other cases. [Id. § 2.]

CHAPTER 8a.-BEES.*

SECTION 1. [Foul brood-diseased bees.]-It shall be unlawful for any person to keep or have in possession in this state any honey bees, brood comb, or honey known to possess or to be infected with the disease known as "foul brood," or with any other infectious or contagious disease peculiar to bees or honey, contrary to the provisions of this act, or to keep or have in possession any bee hive or other receptacle in which any foul brood, diseased bees, or infected honey, is known to have been kept. Every person violating any provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred for each offense, or be confined in the county jail not more than thirty days. [1885, chap. 3.]

SEC. 2. [Same-Destruction ]--Any honey bees, brood comb, or honey owned or kept or found in this state known to be affected with foul brood or other infectious or contagious disease, and any bee hive or other receptacle in which any bees, brood comb, or honey shall have been kept, known to have been infected with any infectious or contagious disease, shall be destroyed immediately and completely by burning, by the owner thereof, or the person or persons in whose possession the same may be.

SEC. 3. [Same-Penalty.]-Every person owning or having in his or her possession, or under his or her control any honey bees, brood comb, honey, bee hive or receptacle, or apparatus known to be infected with any infectious or contagious disease peculiar to honey bees or honey, or in which any diseased bees or infected honey shall have been kept, who shall not immediately cause the same to be destroyed as provided in section 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense, or be imprisoned in the county jail not more than thirty days for each offense.

SECS. 4-5 "An act to provide for the collection of public funds and moneys," Laws 1879, 156. Took effect February 24, 1879. See 8 Neb. 67. 11 Id. 435. "An act to protect bee husbandry from foul brood and other infectious and contagious diseases."

SEC. 4. [Inspection.]-Every person owning or keeping honey bees in this state shall cause all bees owned or kept by him or her to be inspected at his or her own expense as hereinafter provided. Every person neglecting or refusing to cause all such bees to be duly inspected as hereinafter provided shall be deemed guilty of a misdemeanor, and shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense upon conviction thereof. Provided, That if upon inspection of any colony or colonies of bees the disease of foul brood or other infection or contagion shall be found to exist, and such inspector shall be of the opinion that by proper treatment such disease or contagion or infection may be removed, he shall so certify officially in his certificate of inspection, and the owner or keeper of such bees shall be entitled to keep such bees for the period of six months for treatment, and at the expiration of said time if such disease or infection or contagion shall not be eradicated, such bees shall be destroyed as hereinbefore provided, and any person or persons having in possession any brood comb, bee hive, honey, or apparatus used in connection with bee culture, found in like manner to be infected with foul brood or infectious or contagious disease, such person shall be allowed the period of thirty days in which to disinfect the same, but no longer, and if at the end of said period of thirty days said disinfection shall not have been complete, such brood comb, bee hive, honey, or apparatus shall be destroyed as herein before provided.

SEC. 5. [Same-Certificate.]-Every person engaged in bee keeping in this state, either as owner, agent, or lessee in infected districts, shall cause to be inspected at least once in each year each and every brood or colony of bees, brood comb, and honey in his or her possession or under his or her control, and procure a certificate of such inspection showing the true condition of each and every one of the above named articles in his or her possession as to the existence of foul brood or other infectious or contagious disease, in duplicate, one of which duplicates shall be left with such person, and the other shall be filed in the office of the county clerk of the county where such bees or honey or brood comb is kept.

SEC. 6. [Inspector-Pay.]-Upon the application of the Nebraska State Bee Keepers Association, or other person or persons interested in bee culture residing in any county in the state, the governor may appoint a suitable person resident of said county inspector of bees and honey for said county, who shall be sworn to perform the duties of such office faithfully and impartially, whose duty it shall be to inspect all bees, brood comb, and honey, within his said county when called upon for that purpose, and shall be entitled to receive the sum of two dollars for each day or part of a day necessarily employed in making such inspection, to be paid by the owner or agent or lessee in whose possession such bees, brood comb, or honey may be when inspected. Such inspector shall make certificates in duplicate, and shall give one to the owners or person in charge of such bees, brood comb, or honey, and file the other in the office of the county clerk as aforesaid.

CHAPTER 9.-BONDS-MUNICIPAL.

STATE FISCAL AGENCY.

SECTION 1. [Designation of agency by governor.]-The governor is hereby authorized to designate some bank in the city of New York, as the state agency for the payment of bonds and coupons issued by the state or any county, township, precinct, city or school district, which are by their terms made payable in said city. [1875 § 1, 163.]

SEC. 2. [Bond of agency.]-Before establishing and designating such agency, the governor shall require such agency to give a bond in double the amount of moneys which said agency may have in its custody at any time, such bond to be approved by the governor and auditor, and filed in the office of secretary of state. [Id. § 2.]

SECS. 1-5. "An act to provide for the establishment of a fiscal agency for the state of Nebraska, in the city of New York, and prescribing the duties of officers in relation thereto." Laws 1875, 163. Took effect February 25, 1875.

NOTE.-See also cities of the first-class, cities of the second-class, counties and county officers, internal improvements, revenue, and schools. All acts of a special nature relating to this subject and applicable to par ticular cities, counties and school districts, are omitted from this volume.

SEC. 3. [Payments, how made-Commissions.]-The state treasurer and such other officers as are by law designated for the purpose, are required to remit to the state agency, at least ten days before the day of maturity of any bonds or coupons payable in New York city, sufficient moneys out of the tax collected for the purpose, for the redemption of such bonds and coupons, and in addition thereto, a commission not exceeding one-eighth of one per cent. for the disbursement of the same, and all expenses for such commissions, exchange, and postage, shall be a proper charge against the state, county, city, township, precinct or school district, for which such moneys are remitted, and shall be allowed the treasurer in his settlement. [Id. § 3.]

SEC. 4. [Same-Notify officers of money received.]-On the receipt of any funds by the state agency it shall be the duty of such agency to notify the officer from whom received, of the receipt thereof; and immediately on the payment of such bonds or coupons for which funds were remitted, said coupons or bonds shall be cancelled, and returned to the officer from whom such funds were received. [Id., § 4.]

SEC. 5. [Same-Bonds payable at.]-It shall be the duty of the state auditor, immediately after the passage of this act, and the establishment of the agency provided herein, to publish a notice of the same, in some paper of general circulation in the city of New York for two weeks, and thereafter, all bonds and coupons of the state, or any county, city, township, precinct or school district in the state, which are by their terms payable at any particular bank in said city, shall be paid at such agency. [Id. § 5.]

SEC. 6. [Precinct and school district bonds-Record by county clerk.]-From and after the passage of this law, it shall be the duty of precinct or township and school district boards or officers, after having first filed for record with the county clerk, the-question of submission, notice, and proof of publication, return of votes for and against, to register with the county clerk all precinct or township and school district bonds voted and issued pursuant to the following act and sections of an act: "An act to enable counties, cities, and precincts to borrow money on their bonds, or to issue bonds in aid of works of internal improvement in this state, and to legalize bonds already issued for such purposes." Approved February 15, 1869; and amendments thereto approved March 3, 1870. And sections 30, 31, and 32, of "An act to establish a system of public instruction for the state of Nebraska," approved February 15, 1869. [G. S. § 1, 883.]

SEC. 7. [Fees.]-It shall be the duty of the county clerk, in a book prepared for that purpose, to record the question of submission, notice and proof of publication, return of votes for and against; and the fee for so doing, to be paid by the precinct or township, or school district board, or officers, as the case may be, shall be the same as charged for the recording of deeds and mortgages. [Id. § 2.]

SEC. 8. [Registration-Fees.]-It shall be the duty of the county clerk on presentation of any precinct or township, or school district bonds for registry, to register the same in a book prepared for that purpose, which register shall contain, First. The number, or name of the precinct or township, or school district. Second. The number of the bond. Third. The date of the bond. Fourth. To whom payable. Fifth. Where payable. Sixth. When due. Seventh. When interest is due. Eighth. Amount of bond. Ninth. Reference by page to the book provided for in section two, giving history of the bond. The county clerk shall receive a fee of twenty-five cents for every bond so registered. [Id. § 3.]

SEC. 9. [Duties of officers.]-It shall be the duty of all precinct or township, and school district boards, or officers, immediately after the passage of this act, to furnish the county clerks of their respective counties, with a statement of the amount of bonds heretofore issued by their precincts, townships, or school districts and not already paid, the date of each bond, when, where, and to whom payable, the amount, the rate of interest, and when and where it is payable; which bonds shall be registered by the county clerk, in conformity with section three of this act; and the fee for registering under this section shall be twentyfive cents for each bond. [Id. § 4.]

SECS. 6-9. "An act to provide for the registration of precinct or township and school district bonds." G. S. 883. Cited 7 Neb. 497. The provisions of this act applicable to school district bonds were repealed by Laws 1879, 175. See section 19, subdivision XV, chapter 79. post. See chapter 45. See also 9 Neb. 509.

SEC. 10. [Registration and redemption of county bonds.]That the officers of any county in this state, issuing bonds, shall make registration in a book kept for that purpose, of the notice of election, manner and time of publication, questions of submission, and adoption of the proposition on account of which such bonds were issued; also of the date, amount, number, maturity, when payable, and where payable and the rate of interest, and when and where payable, of such bonds; and shall, at the time of issuing the same, make out and transmit to the auditor of state, a certified statement of such registry, which shall be attested by the county clerk, under his official seal. Then the auditor of state, upon the receipt of such statement, shall, in a book kept by him for that purpose, make a faithful record of the same. [1875 § 1, 169.]

SEC. 11. Statement of bonded indebtedness.]-It shall be the duty of the clerk of each county in this state, within sixty days from the taking effect of this act, and at such other times as the auditor of state may request, to make out, certify and transmit to such auditor, a full and complete statement of the bonded indebtedness of every description, of such county, at the date of such statement, particularly setting forth the nature of such bonds, and for what the same were issued, which shall be entered of record by the auditor of state, in the same manner as provided for in section one of this act. The county clerk shall receive the same compensation for his service rendered under the provision of section one and two of this act, as are allowed by law for a copy of like records, to be paid by said county. [Id. § 2.]

SEC. 12. [County bonds-Registration by auditor.]-Whenever the holder of county bonds shall present the same to the auditor of the state for registration, the auditor, upon being satisfied that such bonds have been issued according to law, shall register the same in his office, in a book to be kept for that purpose, in the same manner that such bonds are registered by the officers issuing the same, and shall, under his seal of office, certify upon such bonds the fact that they have been regularly and legally issued, and that such bonds have been registered in his office in accordance with the provisions of this act, the data filed in his office being the basis of such certificate. [Amended 1887, Ch. 8.]

SEC. 13. [Auditor's certificate to clerk.]-When bonds of any county shall be so registered, the auditor of state shall, annually, on or before the second Monday of June in each year, ascertain the amount of sinking fund and interest accrued, and to accrue before the tax for the next succeeding year shall be levied, upon all bonds registered in his office, and shall certify the amount thereof to the clerk of the county in which such bonds were issued, specifically setting forth the amount thus due, and to become due for such year.

SEC. 14. [County bonds-Taxes.]-The clerk and recorder of any county, upon receiving such certified statement from the auditor of state, shall proceed to ascertain from the assessment roll of the county, the amount of taxable property in such county, and what per centage is required to be levied thereon to pay the said interest and to create a sinking fund, in compliance with the certificate of said auditor; and when so ascertained, shall levy such per centage upon the taxable property of such county, and shall place the same upon the tax roll of the county, in a separate column or columns designating the purposes for which said taxes are levied, and the said taxes shall be collected by the county treasurer in the same manner that other taxes are collected. [1875 § 5, 169.]

SEC. 15. [Payment-Investment-Sinking fund.]-Upon the receipt of such moneys by the county treasurer, he shall, out of the same, at once proceed to pay off the interest accrued upon such registered bonds, at the place where such interest is made payable. The county treasurer shall cause to be surrendered the coupons for all interest thus paid, which coupons shall be filed

SECS. 10-19. "An act to authorize the registration, collection and redemption of county bonds." Laws 1875, 169. Took effect Feb. 25, 1875, SECS. 13, 14. Cited 7 Neb. 492. See sec. 77, chap. 77, passed subsequent and secs. 20-22 this chapter. See also 16 Neb. 111, 20 Id. 618.

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